May 2, 2017, Introduced by Senators HUNE, WARREN, HANSEN, HORN, BRANDENBURG, O'BRIEN, GREEN, ROCCA, GREGORY, HERTEL, KNEZEK, ANANICH, SCHUITMAKER, PROOS, ROBERTSON, PAVLOV, HOPGOOD, HOOD, KOWALL, STAMAS, CASPERSON, BIEDA, JONES, NOFS, MARLEAU, EMMONS, MACGREGOR, ZORN and SCHMIDT and referred to the Committee on Regulatory Reform.
A bill to amend 1998 PA 58, entitled
"Michigan liquor control code of 1998,"
(MCL 436.1101 to 436.2303) by adding section 502.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 502. (1) The commission shall issue a salesperson license
to an individual who has successfully completed a salesperson
accreditation program under subsection (5) and who is a designated
employee of any of the following persons:
(a) A vendor of spirits.
(b) A broker.
(c) A manufacturer of beer.
(d) A manufacturer of wine.
(e) An outstate seller of beer.
(f) An outstate seller of wine.
(g) A wholesaler.
(2) The commission shall not issue a salesperson license under
this section unless the applicant submits with his or her
application written documentation that the applicant successfully
completed a salesperson accreditation program under subsection (5).
(3) Except as provided in subsection (4), an individual shall
not sell, deliver, promote, or otherwise assist in the sale of
alcoholic liquor in any manner to a retailer in this state unless
licensed under this section.
(4) This section does not require an individual who is at
least 18 years of age and who only does any of the following to be
licensed as a salesperson:
(a) Builds a display of those brands that are represented or
sold by the individual's employer for an off-premises retailer.
(b) Marks the price on those brands that are represented or
sold by the individual's employer for an off-premises retailer.
(c) Rotates brands that are represented or sold by the
individual's employer for an off-premises retailer.
(d) Places brands that are represented or sold by the
individual's employer on shelves for an off-premises retailer.
(e) The holder of a Michigan commercial driver license who
transports, in a vehicle licensed by the commission under section
525, and delivers alcoholic liquor to a retailer.
(5) The commission shall approve a salesperson license
accreditation program designed for salesperson licensees if the
attorney general or his or her designated assistant attorney
general certifies that the program's curriculum includes an
understanding of all of the following:
(a) Section 609.
(b) Section 609a.
(c) Section 609b.
(d) The provisions of section 1013 that require the sale or
purchase of alcoholic liquor by a licensee for cash only.
(e) R 436.1315 of the Michigan Administrative Code.
(f) R 436.1319 of the Michigan Administrative Code.
(g) R 436.1726 of the Michigan Administrative Code.
(h) The commission's order for on-premises brand promotions
issued October 27, 1999.
(i) The commission's administrative order 2016-05 for product
adjustments.
(6) A person may apply to the commission for qualification as
an administrator for the offering of a salesperson accreditation
program.
(7) The commission shall, on certification of the attorney
general or his or her designated assistant attorney general under
subsection (5), reapprove an approved salesperson accreditation
program under this section every 3 years.
(8) On approval of a salesperson accreditation program under
subsection (5), the commission shall appoint the person sponsoring
the salesperson accreditation program as administrator of that
program.
(9) As used in this section:
(a) "Administrator" means a qualified trade association
authorized by the commission to offer salesperson accreditation
programs.
(b) "Broker" means that term as defined in section 609.
(c) "Designated employee" means an individual who sells,
delivers, promotes, or otherwise assists in the sale of alcoholic
liquor.
(d) "Qualified trade organization" means a trade organization
that represents a person described in subsection (1)(a) to (f) that
employs individuals to act as salespersons.
(e) "Salesperson accreditation program" means a program that
the commission approves under subsection (5) and that is offered by
an administrator.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.